AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES

Case Overview and Summary

Summary of the Animal Welfare Act of 1998 (Republic Act No. 8485):

Purpose and Coverage (Section 1):
- Protect and promote the welfare of all animals in the Philippines.
- Supervise and regulate facilities used for breeding, maintaining, treating, or training animals for trade or as pets.
- Includes birds as pet animals.

Registration and Certification (Section 2):
- Establishments like pet shops, kennels, veterinary clinics, stockyards, stud farms, and zoos must obtain a certificate of registration from the Bureau of Animal Industry (BAI).
- The certificate is issued if the facilities are adequate, clean, sanitary, and will not cause pain or suffering to animals.
- The certificate is valid for one year and can be renewed annually upon compliance with conditions.
- The BAI charges reasonable fees for issuance or renewal of the certificate.
- The certificate can be revoked or canceled for failure to observe conditions.

Supervision and Regulation (Section 3):
- The BAI Director supervises and regulates the establishment, operation, and maintenance of pet shops, kennels, veterinary clinics, stockyards, stud farms, zoos, and other animal confinement structures.
- The Director also regulates the transport of animals to ensure comfort, minimize sickness and death, and prevent cruelty.
- The Director can call upon any government agency for assistance in implementing the Act.

Animal Transport (Section 4):
- Public utilities transporting animals must provide adequate, clean, and sanitary facilities for safe conveyance and delivery.
- Sufficient food and water must be provided for animals in transit for more than 12 hours or whenever necessary.
- A written permit from the BAI Director is required for transporting animals.
- Cruel confinement or restraint during transport is prohibited, including overcrowding and placing animals in trunks or under vehicle hoods.

Committee on Animal Welfare (Section 5):
- A Committee on Animal Welfare is created under the Department of Agriculture.
- The Committee issues rules and regulations for implementing the Act, including safety and sanitary standards, within 30 days of approval.
- The guidelines are reviewed every three years or whenever necessary.
- The Committee is composed of representatives from various government agencies and private organizations.
- The Committee is chaired by a private sector representative and has two vice-chairpersons (BAI and private sector).
- The Committee meets quarterly or as needed, and members may receive honoraria.

Prohibited Acts and Exceptions (Section 6):
- It is unlawful to torture, neglect, maltreat, or subject animals to dogfights or horsefights.
- Killing animals other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer, and crocodiles is generally unlawful, except in certain cases:
1. Religious rituals or tribal customs, with record-keeping (Section 6(1)).
2. Incurable communicable disease certified by a veterinarian (Section 6(2)).
3. To end animal misery certified by a veterinarian (Section 6(3)).
4. To prevent imminent danger to human life or limb (Section 6(4)).
5. For animal population control (Section 6(5)).
6. After authorized research or experiments (Section 6(6)).
7. Other grounds certified by a veterinarian (Section 6(7)).
- Killing of animals must be done through humane procedures approved by the Committee.

Habitat Protection (Section 7):
- It is the duty of every person to protect the natural habitat of wildlife.
- Destruction of wildlife habitat is considered a form of cruelty to animals.

Penalties (Section 8):
- Violation of the Act is punishable by imprisonment of 6 months to 2 years, or a fine of P1,000 to P5,000, or both, at the court's discretion.
- If the violation is committed by a juridical person, the responsible officer serves the imprisonment.
- If the violation is committed by an alien, they shall be deported after serving the sentence.

Repealing Clause and Effectivity (Sections 9-10):
- All laws inconsistent with the Act are repealed or modified accordingly.
- The Act takes effect 15 days after publication in at least two newspapers of general circulation.